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1995

Journal Articles

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Institution
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Articles 1 - 30 of 111

Full-Text Articles in Law

Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner Oct 1995

Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner

Journal Articles

No abstract provided.


Hugo Black Among Friends, Dennis J. Hutchinson May 1995

Hugo Black Among Friends, Dennis J. Hutchinson

Journal Articles

No abstract provided.


The Limits Of Lieber, Lawrence Lessig Apr 1995

The Limits Of Lieber, Lawrence Lessig

Journal Articles

No abstract provided.


Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig Feb 1995

Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig

Journal Articles

In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintain fidelity with past understandings of the document's meaning and purpose. After defining schematically some terminology for this exercise in "fidelity theory," the author proposes a general typology of four justifications for changed constitutional readings: amendment, synthesis, fact translation, and structural translation. Describing this last justification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation results from a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what Professor Lessig calls ...


The Future Of The Student-Edited Law Review, Richard A. Posner Jan 1995

The Future Of The Student-Edited Law Review, Richard A. Posner

Journal Articles

No abstract provided.


Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard E. Harcourt Jan 1995

Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard E. Harcourt

Journal Articles

No abstract provided.


Are Values Incommensurable, Or Is Utility The Ruler Of The World?, Richard A. Epstein Jan 1995

Are Values Incommensurable, Or Is Utility The Ruler Of The World?, Richard A. Epstein

Journal Articles

No abstract provided.


A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert Alschuler Jan 1995

A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert Alschuler

Journal Articles

No abstract provided.


Remembering Walter, Douglas G. Baird Jan 1995

Remembering Walter, Douglas G. Baird

Journal Articles

No abstract provided.


The Silicon Valley Lawyer As Transaction Cost Engineer?, Lisa E. Bernstein Jan 1995

The Silicon Valley Lawyer As Transaction Cost Engineer?, Lisa E. Bernstein

Journal Articles

No abstract provided.


Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell Jan 1995

Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell

Journal Articles

Autonomy-based theories hold that enforceable contracts require the knowing and voluntary consent of the parties. In defining "knowing" and "voluntary," however, autonomy theorists have paid little attention to the remedy that will be granted if consent is round to be lacking, or to the question of what obligations (if any) will be enforced in place of the unconsented-to contract. In this paper, I expand on Michael Trebilcock's argument that considerations of institutional competence-specifically, the relative ability of courts and private actors to craft acceptable substitute obligations-should sometimes play a key role in defining what counts as "knowing" and "voluntary ...


Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein Jan 1995

Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein

Journal Articles

No abstract provided.


Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey Jan 1995

Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey

Journal Articles

My basic point is that major aspects of systems of legal justice deal with antisocial behavior. That an aspect of these systems may be categorized as “criminal,” “civil,” “state,” “federal,” or “international,” is relevant principally to a question of legal theory or governmental organization, which is fundamentally secondary to the character of the behavior itself. In short, we have to look at the behavior first–and only then ask questions of legal theory or governmental organization.

We should not be talking about “federalization.” That is a constitutional question to which we now have a fairly clear constitutional answer. Little or ...


Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George Jan 1995

Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George

Journal Articles

No abstract provided.


Problems With Rules, Cass R. Sunstein Jan 1995

Problems With Rules, Cass R. Sunstein

Journal Articles

Many of the most difficult issues in law involve the choice between rules and rulelessness in cases where both seem unacceptable. The principal goal of this Article is to point the way toward a more refined understanding of the ideal of the rule of law, one that sees a degree of particularity, and a degree of law-making at the point of application, as important parts of that ideal. The Article defends a form of casuistry and describes the potentially democratic foundations of the casuistical enterprise in law. It begins by describing the distinctive advantages of rules and law via rules ...


Five Theses On Originalism, Cass R. Sunstein Jan 1995

Five Theses On Originalism, Cass R. Sunstein

Journal Articles

No abstract provided.


Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein Jan 1995

Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein

Journal Articles

No abstract provided.


Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes Jan 1995

Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes

Journal Articles

No abstract provided.


Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein Jan 1995

Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein

Journal Articles

No abstract provided.


Judges' Writing Styles (And Do They Matter?), Richard A. Posner Jan 1995

Judges' Writing Styles (And Do They Matter?), Richard A. Posner

Journal Articles

No abstract provided.


Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule Jan 1995

Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule

Journal Articles

No abstract provided.


Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Trai Le Jan 1995

Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Trai Le

Journal Articles

No abstract provided.


Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder Jan 1995

Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder

Journal Articles

This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning ...


Domestic Violence & Partner Notification: Implications For Treatment And Counseling Of Women With Hiv, Karen H. Rothenberg, Stephen Paskey, Melissa M. Reuland, Sheryl Itkin Zimmerman, Richard L. North Jan 1995

Domestic Violence & Partner Notification: Implications For Treatment And Counseling Of Women With Hiv, Karen H. Rothenberg, Stephen Paskey, Melissa M. Reuland, Sheryl Itkin Zimmerman, Richard L. North

Journal Articles

No abstract provided.


The Risk Of Domestic Violence And Women With Hiv Infection: Implications For Partner Notification, Public Policy, And The Law, Karen H. Rothenberg, Stephen Paskey Jan 1995

The Risk Of Domestic Violence And Women With Hiv Infection: Implications For Partner Notification, Public Policy, And The Law, Karen H. Rothenberg, Stephen Paskey

Journal Articles

No abstract provided.


Conflicting Conceptions Of Human Rights: Rethinking The African Post-Colonial State, Makau Wa Mutua Jan 1995

Conflicting Conceptions Of Human Rights: Rethinking The African Post-Colonial State, Makau Wa Mutua

Journal Articles

No abstract provided.


Taking The Employer's Gun And Bargaining About Returning It: A Reply To "A Law, Economic, And Negotiations Approach" To Striker Replacement Law, William Corbett Jan 1995

Taking The Employer's Gun And Bargaining About Returning It: A Reply To "A Law, Economic, And Negotiations Approach" To Striker Replacement Law, William Corbett

Journal Articles

No abstract provided.


The Banjul Charter And The African Cultural Fingerprint: An Evaluation Of The Language Of Duties, Makau Wa Mutua Jan 1995

The Banjul Charter And The African Cultural Fingerprint: An Evaluation Of The Language Of Duties, Makau Wa Mutua

Journal Articles

No abstract provided.


New Challenges To Southern Africa: From Regional Conflict To Internal Reconstruction, Makau Wa Mutua Jan 1995

New Challenges To Southern Africa: From Regional Conflict To Internal Reconstruction, Makau Wa Mutua

Journal Articles

With the possible exception of the Horn of Africa, arguably no other African region has been subject to multiple traumas such as those endured by Southern Africa. From the brutal Portuguese colonization to the vicious civil wars in Angola and Mozambique, not to mention the ravages of apartheid in South Africa and Namibia, the last four hundred years have seen sheer brutality of man over fellow man. Since 1990, however, there has been a steady reversal of the conditions that have historically caused violence in the region. In this article, the author examines this legacy and the struggle to construct ...


Transformations Of Law And Place: Introduction To The Articles By Buchanan, Darian-Smith, Maurer, And Aman, David M. Engel Jan 1995

Transformations Of Law And Place: Introduction To The Articles By Buchanan, Darian-Smith, Maurer, And Aman, David M. Engel

Journal Articles

No abstract provided.